The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-30

Sent OF the board ruled that out Ha said it was
not In order. Did be do il in good faithl Is the
4ueston. Now, then, Mr.. Span was there; ana
Aad his part in that performances Mr.. Sullivan
and Mr. Coy were about Whether they had any
part In IT. - matter of inference only and II Is
TOR the jury But do you have any doubt that II
} man had been in that chair who wanted the
Irue result rsachel. be would have brought it
ebouts leave that a question OF fact for you
~ 10 for you TO- determine: the responsibility is
with you.
Now the only other defendants, believe.
whom have not named are Mr.. Sullivan ard
Budd And this brings into consideration tho
testimony IF Perkins to his conversation with
Bullivan, where Sullivan said he did not want
eny moEv votes himself. but wanted come for a
friend. and the transactions with IsoreuZ
scbn.r dt. As to what weight you shall give to
Per'dns's testimony and Snllivan's derials and
Bu Ads denials, / say nothing. i leave that en-
bfely 20 yon / have a few words 10 say about
Ehe relation of LorenZ Schmidt's Testimony TO
rhe matter. Lorenz Schmidt says that he came
thers some time early in the evening, and. want
sng 60 attend meeting of building association,
that be met Mr.. Sullivan and asked if he conld
leave his papers with him. and that Mr. Sulliran
said yes and that. the result, Mr.. Rudd was
called up and took the papers. either d.
rectly from Mr. Schmidt through the hands
OF Sullivan. Mr.. Schmidt says through the
hands OF Sullivan, but that is a circumstance
quite immnteriai. Now Budd and Sullivan both
deny ting. II there was nothing else that
eurred Afterwards Sullivan and Budd might
both bave admitted this without seriously in
eliminating themselves. 1t would have been no
she conspiracy. But as matter of fact while
lLorerz Schmldts papers were out of his hands
Tney were changed, and as no claims, when
Budd gave them back TO him, about o'clock,
L recoRect his festimoBy-but of course, you
Settle all snch questiops-I do not remember
whether counsel made any dispute that-that
chat they have been out of your
possession" That, of course. is Grim
mating circumstance. Now the mere assisting
Schmidt to get rid of his papers would have
made them guilty of technical offense under
this statnte, but 1t would not indicate at all that
they were guilty of this conspiracy. Ii
kechnical offense on the part of Schmidt to sur
render and part with the possession of the
papers, and 1t was technical ofense the
part of Sullivan and Budd to assist him IN part
ling with that possession, but if there was no
more than that, it would not tend at all to con
vict them Of a conspiracy. Nov. then, the aues-
tIon Is, whether Lorenz SchmIdt's story is true
about this their story. If Sullivan had ad-
mitted that he received the papers and turned
Them over to Rudd, and that was al he knew
pbout It. That would not tend to con Wet him
but It would tend to get Budd into further diff
Guilty; and il Budd lad admitted that he got the
papers. but had nothing to do with their cnan ges
and did not know they were changed that
might not have eliminated him in the conspir-
acy. although it might be a minor offeuse: but 1t
might tend to duplicate Mr. Sullivan slightly.
But Sullivan and Budd deny it, and Schmidt
Gays IL is true. Schmidt,s testimony is criticised
on the ground that ne did speak out TO Sui
ivan right there before the board, when it ap-
peared that his papers were mutilated and he
was protesting against their being counted; that
naturally, as an honest man. speaking from an
honest instinct, he would have said: Mr.. Snlli-
van, you had these papers; how about this thing"
We'll, there Is some force in that suggestion;
but there Is another view of the matter. gentle
I4en, that 1t will be well for
been elected clerk. Mr.. Schmidt was his friend;
Mr. Schmidt had parted with his papers. He
Gays they came back mutilated He SAID TO peo-
pie there, II don't know who did it," but &C.
cOr1ing to his story. he refused to say into
whose hands be had put them The thought
would naturally occur to Mr.. Schmidt, Il will
mot say that Sullivan has had these papers
I'll know what excuse he has got; do not
want get him into a difficulty: 1 will keep
this back until know what ne has to say about
It" The next morning he goes to him and
begins to talk about what had occurred. You
know what occurred and what significance it
may have Now 1t seems to me that would not
be an unnatural course tor Mr.. Schmidt to have
taken in that respect 1t conceded
on all hands that Mr. Schmidt is
an honest man, and Yet the argument
ds attempted to be made that he was doubtful
about whether he left the papers with Sullivan
or not. IL Mr. Schmidt ever doubtful on
that subject, he knows it, and when he
here and swears that he was not doubtful, he
has either told falsehood he was not doubt
fnl; that if Mr. Schmidt is really an honest
man, he has never been doubtful that sub
1ect. he was called upon and testified within
very few days after the thing occurred. and he
told the story then as the evidence shows he has
toll II since But it is tor You to settle all such
controversies and deuermlne the result.
There is only one other consideration 1 have
to suggest in regard Mr.. Sullivan: That is,
he was the incoming clerk These men got up
this conspiracy, if tDers was one. for the pur-
pose of controlling the election of Grim
lnAl judge They wantsd to secure the
secure him for a day for a week, or
for ten days; but they wanted to secure him in
the Office If they merely got him counted in
these tally-papeIs, and the other tally papers in
the bag were allowed to remain intact, and the
ballots. this conspiracy would do them no good
They could not hold the frnit of this unless they
succeeded in reaching the other tally sheets and
the ballots; they therefore had motive for
getting MIR. Sullivan into the conspiracy, so
they could hold the fruits of their conspiracy by
reaching the other papers and ballots; but
whether this acted upon them of course is a
matter only III inference. 1t is matter in my
judgement, fairly to be considered as pertinent
TO the situation in determining the pro ties
the bearings and the truth of the evidence in
the case.
Now, gentlemen, 1 believe 1 have said all that
L care to, except a single subject 1t is i'm
possible to disguise or to ignore the fact that
a strenuous effort has been made to impress
upon your minds political considerations in this
case. The suggestion has been made involving
though not perhaps 1ntended-an imputation
On the Court itself that the case Is merely for
political purposes. All through the argument
the effort has been made to present the political
phases of the to yonr minds II is said
that the Democratic central committee is to be
decapitated, Mr.. Coy cut off; that Mr. Sullivan
is to be driven out of his Office. / trust that
are able TO rise above any such considerations.
L think there is evidence enough before this
jury to the control OF affairs over at the
courthouse to enable you to know that there
Is Democratic board of commissioners over
there. and if Mr.. Sullivan loses his Office it
would into Democratic hands. But that is
not proper consideration for US, way or
the other. II Mr.. Sullivan is not gully. he shall
hole his Office, and 1t does not necessarily follow
that shall lose his Office if he is guilty;
and this brings to a point that nearly for
got The punishments prescribed by the statute
under which this prosecution is based are within
the control of the Court. within certain limta-
tons. The punishment may be fine not ex-
ceedipg 1000, however small 1t may be i'm
prisonment not exceeding two years, however
short 1t may be either one or both hne and
Imprisonment; so il is in the discretion of the
Court to what the punishment shall he on
each man. The jury in this do not deter
mine the punishment You simply determine
the question Of guilt or innocence.
Baldwin aud HIS Parachute.